In a petition for pre-arrest bail under Sections 420/409/34 IPC, the Court rejected the plea, holding it was essentially a challenge to its own earlier order refusing bail without any new material or cogent reason.
The petition for pre-arrest bail is rejected; the ABLAPL is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CORAM : Hon’ble Shri Justice S. Pujahari
ABLAPL No.5813 of 2020
Kalucharan Rout … Petitioner - Versus –
State of Orissa … Opp. Party
ORDER
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehending his arrest in Odagaon P.S. Case No.229 of 2018 corresponding to G.R. Case No.327 of 2018 pending in the court of learned J.M.F.C., Odagaon registered for alleged commission of offences punishable under Sections 420/409/34 has filed this petition for his release on pre-arrest bail.
It appears that the earlier prayer for pre-arrest bail of the petitioner was rejected by this Court vide order dated 18.03.2019 passed in ABLAPL No.16660 of 2018.
Needless to say that this Court after scanning the materials available on record and looking into the nature of accusation and gravity of the offence and role played by the petitioner, had refused to release the petitioner on pre-arrest bail vide the order passed in the aforesaid ABLAPL. Since then, there is no change in
2
circumstances. Therefore, allowing this petition would tantamount to review of the earlier order passed without any apparent or cogent reason which is not permissible. Hence, the prayer for pre-arrest bail of the petitioner stands rejected.
Accordingly, the ABLAPL stands disposed of being dismissed.
……………………..
PKS
S.Pujahari, J.
2 issues framed by the court
Whether the petition for pre-arrest bail should be allowed given the earlier rejection without cogent reasons.
Whether the petitioner is eligible for release on pre-arrest bail in the pending GR Case.
1 provisions across 1 enactments
Kalucharan Rout
State of Orissa
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
